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Jeff!
  
location:
Boston, MA
Gender: Male
 |  | Re: Trespassing Question
<Reply # 20 on 5/9/2008 12:32 PM >
|  | | | Posted by Boyington's bastard
Not sure how long it is in the US, but they sure as hell can detain you while they sort things out.
They can also search you for weapons if they fear for their safety or others. They have a lot of gray area to work with if you act like an asshole.
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24 hours unless they charge you
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Glass
     
location:
Chicago
as one does
| |  | Re: Trespassing Question
<Reply # 21 on 5/10/2008 5:57 AM >
| | | | Posted by jeffmc
24 hours unless they charge you
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-unless it's before the weekend (Fri-Sun in most places), when they can stuff you in a basement cell until Monday. Anything longer than that is as much a waste of their time as yours, not to mention unconstitutional. The rule of thumb when talking about getting 'detained' (read: hauled off) is relative to what the cops want to do with you: arrest, intimidate, whatever.
More times than not, it's their word against yours and they have a quite wide range of ways they can react to a situation that might not be covered in your Crim 101 class, like giving you a few days to stew. Of course, trespassing won't normally put you in the county jail unless you screw yourself badly somehow.
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glunn
location:
Beverly Hills, CA
Gender: Male
| | Re: Trespassing Question
<Reply # 22 on 5/10/2008 7:54 AM >
| | | | Posted by metawaffle
If you think you're going to be nabbed, it might be worth deleting those incriminating digital photos, or leaving the memory card somewhere.
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I believe that metawaffle is offering the most practical advice.
In the United States, this is governed by the 4th Amendment to the Constitution, which requires probable cause for an arrest or a search. However, this is a pretty LOW standard pursuant to the Gates case. For more details, see http://en.wikipedi...iki/Probable_cause
Note that there is a much higher standard for getting convicted -- guilt beyond a reasonable doubt. So if your camera does not contain incriminating evidence and you don't admit guilt, it seems very unlikely that you would even go to trial (much less be convicted) based on proximity to a building that was broken into.
Also, as many have pointed out in this forum and elsewhere, police are human beings. If you are respectful and polite, your chances of a favorable outcome are very high -- but be careful NOT to urinate away your right not to incriminate yourself.
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blackhawk
This member has been banned. See the banlist for more information.
location:
Mission Control
UER newbie
| | | Re: Trespassing Question
<Reply # 23 on 5/10/2008 9:05 AM >
| | | | Posted by Glass
-unless it's before the weekend (Fri-Sun in most places), when they can stuff you in a basement cell until Monday. Anything longer than that is as much a waste of their time as yours, not to mention unconstitutional. The rule of thumb when talking about getting 'detained' (read: hauled off) is relative to what the cops want to do with you: arrest, intimidate, whatever.
More times than not, it's their word against yours and they have a quite wide range of ways they can react to a situation that might not be covered in your Crim 101 class, like giving you a few days to stew. Of course, trespassing won't normally put you in the county jail unless you screw yourself badly somehow.
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If you act really insane (danger to self or others) they can hold you with a involuntarily 72 hour psych eval as well.
A piss off cop can fuck with you...
Posted by glunn
I believe that metawaffle is offering the most practical advice.
In the United States, this is governed by the 4th Amendment to the Constitution, which requires probable cause for an arrest or a search. However, this is a pretty LOW standard pursuant to the Gates case. For more details, see http://en.wikipedi...iki/Probable_cause
Note that there is a much higher standard for getting convicted -- guilt beyond a reasonable doubt. So if your camera does not contain incriminating evidence and you don't admit guilt, it seems very unlikely that you would even go to trial (much less be convicted) based on proximity to a building that was broken into.
Also, as many have pointed out in this forum and elsewhere, police are human beings. If you are respectful and polite, your chances of a favorable outcome are very high -- but be careful NOT to urinate away your right not to incriminate yourself.
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Deleting the card is not going to destroy the data. You may also need those images to prove your activities; they may think you committed another crime by your circumstances.
Sounds odd, but it happened to me; don't get too cleaver for your own good. Never lie when the truth will serve you better, and don't piss off a cop for fun. Pissed off cops aren't nice to deal with, and sometimes with cops, a deal is a deal.
Also destroying evidence is a felony crime... don't get caught tampering with evidence.
Keep it clean, don't B&E; a cop doesn't care about trespass on a abandoned site, but B&E, vandalizing, etc will not be tolerated.
Avoid exceeding their level of sensibilities; put yourself in their shoes, and listen to what YOU are saying to them.
Keep things under control by keeping a chance encounter and search by police survivable (no felony charges). Sooner or latter it will happen...
Just when I thought I was out... they pulled me back in.
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Bean
location:
Pickering
Gender: Female
I once met a girl, or should I say she once met me
| | Re: Trespassing Question
<Reply # 24 on 5/15/2008 6:21 PM >
| | | | Good tips. Everyone should be checking the local laws before exploring if they are worried.
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snordhol
location:
Huntington Beach, CA
Gender: Male
| | Re: Trespassing Question
<Reply # 25 on 5/15/2008 6:41 PM >
| | | | Posted by Boyington's bastard
If you act really insane (danger to self or others) they can hold you with a involuntarily 72 hour psych eval as well.
A piss off cop can fuck with you...
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If you're referring to a 5150 . . . . the solution is quite clear, don't ever act crazy when questioned by police. Even though any peace officer can hold you on a 5150, the paperwork required to do so is quite extensive and time consuming. Unless you really are crazy (i.e. you brought along your nunchucks), they wont go to the effort to book you on a 5150.
http://en.wikipedi..._psychiatric_hold)
Going Where Others Won't |
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NoSuchPerson
 
Stop, or I'll ask you again!
| | Re: Trespassing Question
<Reply # 26 on 5/16/2008 2:45 AM >
| | | | Regardless of what the laws are in your area, the best piece of advise anyone can ever give... Don't be a dick to the Police or Security and chances are you'll be alright.
Act like a dick, and you'll likely be in for trouble.
Remember, a security guard and/or police can make your life miserable. Don't let it happen because of an attitude.
Unit calling radio say again? |
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Jeff!
location:
Boston, MA
Gender: Male
| | Re: Trespassing Question
<Reply # 27 on 5/16/2008 12:27 PM >
| | | | Posted by Glass
-unless it's before the weekend (Fri-Sun in most places), when they can stuff you in a basement cell until Monday. Anything longer than that is as much a waste of their time as yours, not to mention unconstitutional. The rule of thumb when talking about getting 'detained' (read: hauled off) is relative to what the cops want to do with you: arrest, intimidate, whatever.
More times than not, it's their word against yours and they have a quite wide range of ways they can react to a situation that might not be covered in your Crim 101 class, like giving you a few days to stew. Of course, trespassing won't normally put you in the county jail unless you screw yourself badly somehow.
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i don't know if it applies everywhere, but i was a security administrator for a number of police stations in MA and even on the weekends people were not allow to be kept passed 24 hours if they were not being charged with anything and were in good mind state (IE not mentally ill or under the influence of drugs/alcohol)
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Sand
location:
Pac South
Everything interesting is always behind a fence.
| | Re: Trespassing Question
<Reply # 28 on 5/18/2008 7:42 AM >
| | | | Posted by SirJinx
*Note, I did do a search and read local trespassing laws, this is a question I couldn't find an exact answer on.
Okay so here is the question. You are trespassing on private property. At some point, the cops or security are called and they begin searching the property but don't find you.
You find some way off the property without being seen. You are now on public property and walking away, back to your car, acting innocent, etc.
The cops and/or security stop you outside the property and question if you were in the property. You say NO.
At this point, can you still be arrested and/or detained for trespass? Assume that you were not seen at any point inside the property.
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If they just saw you or have a report of you trespassing, then yes (say, they have your description). If they just pull up, and have no idea who was trespassing, and want to stop you, then that's different and NO they can't. But cops do whatever they want anyway...
L
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